Revolutionary War Pension and Bounty Land Warrant Application File S. 10,728, Richard Gardner, R.I.

SERVICE
R.I.
Gardner, Richard or Gardiner
NUMBER
S. 10,728
carded.
CONTENTS

10.433 Rhode Island
Rich d Gardner
Enl d in the State of R.I. was a Private in the Company commanded by Captain _____ of the Reg t commanded by Col d Weyer in the R.I. State Guard for 2 years
Richard Gardner
Records OK. Feb 23/65
Enscribed on the Roll of Rhode Island the rate of 80 Dollars ————— Cents per annum, commence on the 14th day of March, 1831.
Certificate of Pension issued the 9 th day of April 1833 and sent to M rs Mary Gardner
Arrears to the 14th of March 1853 $160.00 Semi-annual allowance ending 4 Sept " 40.00
$200.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by John Goddison Clerk Book E Vol. 2. Page 111

State of Rhode Island & } Court of Common Pleas August Kent County ss } Term A. 1832.
On this Twenty  second day of August A. 1832. personally ap- peared in open Court, before the Judges or Justices of the Court of Common Pleas now sitting, at East Greenwich in said County Richard Gardiner, a Resident of War- wick in the County and State aforesaid aged eighty two Years, who being first duly sworn according to law, doth on his oath, make the following declaration, in order to obtain the benefit of the Act of Congress, passed June 7 th 1832. That he entered the Service of the United States under the following named Officers, and served as herein stated. — That he was born at South Kingstown in the County of Washington in said State on the third day of January A. 1750. and resided there at the time he entered the Service of the United States and for a number of Years af- ter the War. Then he moved to North Kingstown in said County of Washington, and lived there the period of Eight Years: from thence he removed to East Green- -wich in the County of Kent and resided there a- -bout five Years and then removed to said War- -wick, where he has ever since resided. That he has no record of his age; but expects that it is recorded in the Town Records of South Kingstown aforesaid. That he was a private Soldier in the Independent Company of Volunteers, called the "Kingston Reds" at said South Kingstown, which Company was formed and chartered by an Act of the Government of this State

State soon after the commencement of hostilities in the year 1775. That he entered said company some time in the summer of that year, John Gardiner being the commanding Officer of said company with the rank of Colonel. That said company were kept embodied and in the publick service, guarding the Shore on the West side of Narraganset Bay, most of the time from the early part of the war, until after the enemy evacuated Rhode Island, to prevent depredations and incursions being made upon the inhabitants near the Shore and also for the purpose of intercepting illicit trade with the enemy; but they were not attached to any Regiment then in the Service of the United States. That in the Month of June 1776 this Claimant with said company, marched to the shore in North Kingston and continued there a fortnight or more, during which time there were some alarms, but the enemy did not attempt to land. From thence we marched to the north Ferry in North Kingston and continued there a fortnight or more; and from thence to the south Ferry in South Kingston and afterwards to Tower Hill, where we continued several Weeks. Then we marched to Little rest in South Kingston; and there the Colonel detached four men of said company with order to capture a Tory, who had been in the habit of furnishing the enemy with supplies; but the man made resistance and was killed by the detachment: his name not recollected. That said company, in the Spring of the year 1777, John Waite being then the Colonel or commanding officer

officer thereof, were stationed at point Judith in South Kingstown; and one of the Enemy's ships of War and a Schooner were driven a Shore on the point: a Sloop was also there attempting to take off the Officers and property of the stranded Ship. We fired into the Sloop with a 3 pounder and small arms, and cut away her staysails, top sail whereby her main sail was run down; and they, at the same time cut their cable, and the wind blowing a gale, set the Sloop on shore; there were some men killed on board the Sloop, and the Captain of the Ship and Sailing master were wounded by our fire. After firing into the Ship a number of times, and sending two flags of truce aboard, she surrendered. The number of men captured were two  three hundred in the whole, and we sent them to Providence as Prisoners of War. We continued to guard the shore, at different points, during the whole time the enemy's fleet were in the bay, and were twice ordered onto the Island of Conanicut, and served there a month each time. The force there were then commanded by Colonel Charles Dyer, whom this Claimant well knew. We had one engagement there, but were compelled to retreat off the Island. The man at the right hand of the claimant was shot and fell dead in the ranks, in that skirmish. This Claimant computes the time of his actual service, as a volunteer, in said war, at two years and a half or more; and has no Documentary evidence of the same whatever.
He

He hereby relinquishes every claim whatever to a pension or Annuity except the present, and declares that his name is not on the pension Roll of the Agency of any State. Richard Gardner
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary soldier, and served as he states. And the Court further certifies, that it appears to them that
who has signed the preceding certificate, is a Clergyman, resident in the and that
who also signed the same are residents in the and are credible persons, and that their statement is entitled to credit.
I, JOHN BROWN, Clerk of said Court of Common Pleas, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Richard Gardner for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this fifth day of September
in the year 1832
John Brown

N o 9344
Rich d Gardiner
Plaintiff
Defendant
papers not properly authenticated. no den on the Clerk of Waring. the County seal
Nov 13 1832
H. Whiting Esq. B. Greenwich R. J.

BRIEF in the case of  Richard Gardiner of the County of Kent  in the State of  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 82 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and field Officers under whom he served.   Years, Months, Days.     In 1775 from to the end of War } : 2 6 — Volunt. Gen. In the Independent Company of Volunteers called the Kingston Reels, Commanded at different times by Col. Gardiner, Col. Waite, & Col. Dyer —  
 5. In what battles was he engaged? Island of Caracani  6. Where did he reside when he entered the service? South Kingston  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Depositions  8. Are the papers defective as to form or authentication? and if so, in what respect? No Boleyman's Certificate — 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Levin Bell Examining Clerk.

May 9 '89 W m Gardiner Providence R.I.
Reehan
10728
✓ INVALID.
File No. 10,728
Richard Gardner ★
Priv. Riv. war Gardner
Act: June 7 th 1832.
Index:—Vol. A , Page 138
[Arrangement of 1870.]
Richard Gardner ★
Records OK Feb. 23/95

1 N o 9344 Richd G. Gardner
N. Whiting Esq. E. Greenwich R.I.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Richard Gardiner which require further proof or explanation.
I. Does the declaration show where the applicant resides ? yes II. Did the declarant make the declaration in the county where he resides ? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so ? IV. Has the declarant mentioned the period or periods of the war when he served ? yes V. *Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled ? yes  NO VI. Has he given the names of the officers under whom he served, in conformity with the regulations ? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832 ? yes VIII. Has the Court given their opinion ? yes IX. Has the Clerk given his certificate ? yes X. Is the Clerk's seal affixed ? And if so, has it a device or inscription by which it can be distinguished from any other seal ? yes  No. The Clerk of Washington County. Seal

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? no XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? no XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? yes XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes XVI. ‡ Are the papers authenticated as the regulations direct? yes  No. XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes.
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
“Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For _____ year _____ months and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension.”

It is important in all cases to determine with precision the period for which the applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable.
QUERE XIV.  Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the affidavits must be properly authenticated, as above directed.
QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

I Gardner Tift of South Kingston in the County of Washington aye do Eighty Six Years on Solemn Oath do Testify and say that in the Year 1775 I joined the Chartered Independent Company called the Kingston Men then commanded by Capt John Gardner and afterwards by Capt John Write and I belonged to said Company during the Revolutionary war and that Most of the time I was an officer in said Company either as Lieutenant of Ensign, And that I well remember of Richard Gardner Late of said South Kingston now residing in Warwick in the County of R.I. being a Member of said Compa- ny and being Suty therein and that I have No Recollection of said Gardner Leav- ing said Company during the war, etc.
Gardner Tift
State of Rhode Island
Newington ss at South Kingston this 15 th Day of August A.D. 1832 Personally appeared Gardner Tift subscribed to the foregoing deposition and made solemn oath to the truth of the same Before me Matthew Write Justice Peace

State of Rhode Island &c Washington & South Kings Town August 15 th 1832
I hereby certify that I have been acquainted with Gerson Tift the within Deposition from my infancy and that his character for truth & veracity has always been good
Matthew Waite J.P.
State of Rhode Island & Providence Plantations.
Washington S c } Clerks Office Court Common Pleas and General Sessions of the Peace
I Samuel Helme Clerk of the Courts aforesaid do certify that Matthew Waite Esq. whose signature is hereto annexed is a justice of the Peace for the Town of South Kingstown legally chosen and qualified as the Law requires that full faith and credit ought to be given to his certificate throughout the United States of America. I also certify that the Seal here impressed is the true Seal of the Courts aforesaid
Sam l Helme Clk of Courts
25 th C.

State of Rhode Island County of Kent ss
On this Seventh day of February A.D. 1832, personally appeared Richard Gardiner of Warwick in the County of Kent before Joseph J. Tillinghast, an Associate Justice of the Court of Common Pleas in said County who being duly sworn according to law, doth, on his oath make the following statement, supplementary to and in amendment of his Declaration made before the Court of Common Pleas in said County, at their August Term A.D. 1832. That in the year 1775. he served and was on actual duty in said Company of Kingston Reds, at North Kingston and South Kingston, not less than three months. That in the year 1776. he was on actual duty and served in said Company, at said North Kingston and South Kingston, six months or more.
That in the year 1777. he was on duty and in actual service in said Company at the places aforesaid and on the Island of Conanicut six months at least. That in the year 1778. he served in said Company and was on actual duty at least six months, at the places aforesaid. That in the year 1779. he served and was in actual duty in said Company at least, three months at said North Kingston and South Kingston. That in the year 1780. he served and was on act-

actual duty, at the places aforesaid, three months or more. That in the year 1781. He was on actual duty, and served in said company, at least two months at the places aforesaid. That in the year 1782. he served and was on actual duty in said company two months or more, at the places aforesaid, making Two years & Seven Months of actual service, as a volunteer in said War. That he is not, at this time, acquainted with any clergyman to whom he can apply for testimony to the facts required by the War Department.
Rich d Gardner
Kent Jg. at East Greenwich Dec 7. 1832.
Sworn to and subscribed by the said Richard Gardner the day and year above written.
Before me Jos t S. Wm m Mast. Not Public
I Daniel Updike of East Greenwich in the County of Kent and State of Rhode Island, aged Twenty two years, do here by certify that I was well acquainted with Richard Gardner of Warwick in the County of Kent, in the time of the Revolutionary War, and have been acquainted with him ever since; That he resided, in the time of the War, at South Kingston, where I also then resided. I believe him to be Eighty two years of age. I knew him to be a volunteer in the Independent Company, of Kingston Reds; which company did, as I be- lieve, a good deal of service in the War; The said Gardner's character for truth is, and always has been good.
Daniel Updike

State of Rhode Island &c, County of Kent &c.!
at East Greenwich, December 7 th AD 1832.
Then Personally appeared before me, the before named Daniel Updike - and sub- -scribed the foregoing deposition in my presence and made solemn oath to the same. And I hereby certify that the deponent is a man of good standing in society - having held the office of Attorney General of this State and whose character for truth & veracity is good.
Witness Jos. J. Tillinghast Just. C. C. Pleas
Kent &c. The State of Rhode Island & Providence & Plantations Clerks Office Court of Common Pleas
I certify that Joseph J. Tillinghast is a justice of said court, that the above & foregoing is his proper signature and in his own hand writing
In witness whereof I have hereunto set my name & seal of office at East Greenwich this eighth day of December in the year 1832
John Brown. Clerk